Concerned Farmers and Neighbors of the Town of Hixton

Background: MEA is representing a small coalition of farmers and neighbors, calling themselves Concerned Farmers and Neighbors of the Town of Hixton, in Jackson County, Wisconsin to help them prevent potential groundwater and surface water contamination from a concentrated animal feeding operation’s open cattle lot.

Located in the Town of Hixton, Sedelbauer Farms, Inc. is proposing to expand its heifer raising operation to confine approximately 2,800 dairy heifers on a 10 to 30 acre open dirt lot. At present knowledge, Sedelbauer Farms, Inc. intends to allow the animal waste to accumulate on the lot without any plans to dispose of it. The area already has existing groundwater contamination, with nitrate levels in nearby drinking water wells as high as 20 parts per million (ppm). The state and federal drinking water standard for nitrates is 10 ppm.

The Sedelbauer Farms, Inc.’s waste pits only hold up to two days worth of animal waste, which likely means disposal on nearby fields almost every day of the year, including during the winter time when  the ground is frozen.   The South Branch of theTrempeleau River and Tank Creek are both trout fisheries within a short distance of Sedelbauer Farms, Inc.’s proposed feedlot, and the feedlot area drains to an unnamed tributary. This poses a serious risk of runoff to those waters during heavy or chronic rainfall events or spring snowmelt.

The DNR granted the Concerned Farmers and Neighbors a public hearing on the proposed Wisconsin Pollutant Discharge Elimination System (WPDES) permit for the Sedelbauer expansion.  MEA is helped the group develop public comments and testimony to convince the DNR and Sedelbauer Farms, Inc. to take action to prevent groundwater and surface water contamination from the operation.

To learn more about the operation, read the DNR’s Environmental Analysis.

Listen to a WPR news story on the feedlot expansion

Read other newspaper articles on the Concerned Farmers and Neighbors’ efforts.

On July 20, 2004, MEA, along with Bender Law Offices and the Law Office of Noah Golden-Krasner filed a federal lawsuit against Sedelbauer Farms for polluting nearby trout streams.

Read the complaint here.

Update: On June 27, 2005, the Honorable Judge Barbara Crabb for the U.S. District Court of the Western District of Wisconsin entered a consent decree containing the settlement between Concerned Farmers and Neighbors of the Town of Hixton and Sedelbauer Farms.

To read a copy of the final Consent Decree, click here.

Recent Media:

Manure Dispute Settled
Wisconsin Public Radio
April 29, 2005

Jackson County Manure Suit Settled
La Crosse Tribune
April 29, 2005

Residents File Lawsuit Over Manure Runoff in Streams
Wisconsin Public Radio
July 22, 2004

 
Selected Case Documents

60-day Notice of Intent to Sue (May 13, 2004)

Plaintiff's Complaint (July 20, 2004)

Defendant's Answer to Amended Complaint (Oct. 25, 2004(

Plaintiff's Motion for Summary Judgment (Jan. 14, 2005)

Defendant's Motion in Opposition to Motion for Summary Judgment (Feb. 11, 2005)

Plaintiff's Reply Brief in Support of Motion for Summary Judgment (Feb. 28, 2005)

Deposition of Lynn Sedelbauer (March 8, 2005)